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Results: 1-10 of 166

Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Cap on enhanced redundancy payments not age discrimination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

The EAT has decided in Kraft Foods UK Ltd v Hastie that an upper ceiling on a contractual redundancy payment, which disproportionately affected older workers, did not constitute age discrimination


Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Courts address conflict between religious belief and sexual orientation
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

The EAT has held that a Christian relationship counsellor, dismissed because he did not feel that he could provide psycho-sexual counselling to same-sex couples as it conflicted with his religious beliefs, failed in his claim for discrimination (McFarlane v Relate Avon Limited


Compensation awarded for career-long loss in discriminatory dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 19 2010

In Wardle v Credit Agricole Corporate and Investment Bank the EAT has confirmed that awards for discriminatory dismissals can include compensation for career-long loss


Dealing with retirement
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 16 2010

The abolition of the statutory default retirement age of 65 from October 2011 will compel employers to make strategic decisions about their workforce and to address the detailed consequences of the change in the law in a number of different areas